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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ3376571 (VNO 0502169)
Regular
Aug 28, 2012

JOSE LUEVANOS vs. CPE STAFF INC., GUIMARRA VINEYARDS, AMS STAFFING LEASING; LIBERTY MUTUAL and STATE COMPENSATION INSURANCE FUND; CNA CLAIMS PLUS

The Workers' Compensation Appeals Board dismissed a petition for reconsideration because it was filed **untimely**, exceeding the 20-day statutory limit plus 5 days for mailing. Additionally, the petition was deemed **inadequate** due to an unsigned verification, failing to meet the requirements of Labor Code section 5902. Therefore, the Board ordered the dismissal of the petition.

Petition for ReconsiderationUntimelyLien ClaimantFindings and OrdersLabor Code section 5903Code of Civil Procedure section 1013VerificationInadequateLabor Code section 5902Workers' Compensation Appeals Board
References
Case No. ADJ8286219
Regular
Feb 20, 2013

RAMON BERNARDINO vs. BAYVIEW VINEYARDS and CRUM FORSTER

In this workers' compensation case, the defendant, Bayview Vineyards, sought to rescind an order awarding applicant's counsel fees and penalties. The defendant argued that the awarded fee of $1,633.00 had already been paid prior to the order. The Appeals Board, finding no opposition from the applicant's counsel, granted the defendant's petition for removal. Consequently, the order awarding the fees and penalties was rescinded, as payment was confirmed to have been made.

Petition for RemovalLabor Code §5710 FeesPenaltiesWCJOrder Granting PetitionRescind OrderWorkers' Compensation Appeals BoardDecision After RemovalBradford & BarthelJohn Bloom
References
Case No. ADJ2704842 (VNO 0496917) ADJ3804892 (VNO 0496918)
Regular
Sep 12, 2014

AURELIO ROSALES vs. GIUMARRA VINEYARDS CORPORATION, ARROWOOD INDEMNITY COMPANY

This case involves a petition for reconsideration filed by Giumarra Vineyards Corporation and Arrowood Indemnity Company (Defendants) regarding an order in the workers' compensation claim of Aurelio Rosales. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration because it was not taken from a "final" order that determined substantive rights or liabilities. The WCAB also denied the petition for removal, finding no substantial prejudice or irreparable harm. Therefore, the petition for reconsideration was dismissed and removal was denied.

Petition for ReconsiderationRemovalFinal OrderInterlocutory DecisionSubstantive RightLiabilityWorkers' Compensation Appeals BoardGiumarra Vineyards CorporationArrowood Indemnity CompanyAurelio Rosales
References
Case No. ADJ8095685
Regular
Nov 24, 2014

CARLOS ORTIZ VALENCIA vs. BECKSTOFFER VINEYARDS, OAK RIVER INSURANCE COMPANY

This case concerns a Petition for Reconsideration filed by Applicant Carlos Ortiz Valencia. The Workers' Compensation Appeals Board has dismissed the petition as untimely. The Stipulations with Award were issued on April 21, 2014. Applicant failed to file the petition within the statutory 25-day deadline, considering both the 20-day period from Labor Code section 5903 and an additional 5 days for mailing. Therefore, the petition was dismissed based on its untimeliness.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimelyStipulations with AwardLabor Code Section 5903Code of Civil Procedure Section 1013DismissedAdministrative Law JudgeBerkshire Hathaway Homestate CompaniesBeckstoffer Vineyards
References
Case No. ADJ9329165
Regular
Nov 09, 2014

JANA CARLSON (Deceased) KENNETH CARLSON (Widower) vs. CONTINENTAL VINEYARDS, EMPLOYERS COMPENSATION INSURANCE COMPANY

This case concerns a petition for reconsideration of a workers' compensation award for the death of Jana Carlson. The defendants contest the award of maximum death benefits, arguing the decedent's earnings were stipulated as minimum, and challenge the dependency of a foster child without a presumption. The Appeals Board granted reconsideration to defer determination of the foster child's dependency and the rate of benefits under Labor Code section 4703.5, but affirmed the WCJ's findings on other issues, including the appointment of the widower as guardian ad litem.

Workers' Compensation Appeals BoardJana CarlsonKenneth CarlsonContinental VineyardsEmployers Compensation Insurance CompanyADJ9329165Findings and AwardReconsiderationDependency BenefitsLabor Code Section 4703.5
References
Case No. ADJ10483780
Regular
Feb 01, 2018

MARIA ALBARRAN vs. COASTAL VINEYARD, ZENITH INSURANCE COMPANY

The applicant sought reconsideration or removal of an interim order granting the defendant an employer's credit against a third-party settlement. The applicant contended the credit was improperly awarded without a hearing, especially given contested issues like employer negligence. The Appeals Board dismissed the removal petition as premature but granted reconsideration. They rescinded the interim order, finding the applicant was denied due process by not having a fair opportunity to be heard on the substantive issues. The case is remanded for further proceedings and a new decision at the trial level.

Petition for RemovalPetition for ReconsiderationInterim OrderThird-Party CreditRespondeat SuperiorEmployer NegligenceDue ProcessAdministrative Law JudgeWorkers' Compensation Appeals BoardIndustrial Injury
References
Case No. ADJ9539091
Regular
Sep 23, 2016

MARY RAMSGARD vs. PACIFIC VINEYARD COMPANY, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board denied reconsideration, affirming the WCJ's finding that applicant's L3-4 back injury was not industrially caused, based on Dr. Sharma's opinion. Dr. Sharma's opinion was found to be substantial evidence, utilizing the correct legal standard of reasonable medical probability and supported by the applicant's pre-existing back issues. The Board also upheld the 20% apportionment of permanent disability to non-industrial causes, finding it supported by credible evidence, including prior medical reports and applicant's inconsistent testimony. Applicant's petition failed as her contentions regarding the medical opinion's legal theory and factual basis were not substantiated.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAdministrative Law JudgeApplicantDefendantPacific Vineyard CompanyInsurance Company of the WestPermanent DisabilityApportionment
References
Case No. ADJ8329154, ADJ8329147, ADJ6945103, ADJ8329173, ADJ8329177
Regular
Nov 25, 2013

ENRIQUE ESTRADA TOVAR vs. VILLA AMOROSA CONSTRUCTION, AMTRUST, HILL FAMILY VINEYARD MANAGEMENT and INSURANCE COMPANY OF THE WEST, MARIA'S MARKET and GUARD INSURANCE

This Workers' Compensation Appeals Board case denied the applicant's petition for reconsideration. It granted the defendant's petition in ADJ8329177, amending the prior decision. Specifically, the Board rescinded findings and the award related to employment with Blanket Estates. The amended decision now finds no employment by Blanket Estates for the claimed periods, resulting in no award for the applicant in ADJ8329177.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenialGrantDecision After ReconsiderationFindingsAwardNo EmploymentTake NothingAdjudication of Claim
References
Case No. ADJ9932360
Regular
Feb 25, 2018

MAXIMILIANO MORA CORZA vs. BELLA VINEYARD AG SERVICES, INC., STAR INSURANCE COMPANY

This case involves an applicant alleging industrial injuries to multiple body parts. The defendant, Bella Vineyard AG Services, Inc., sought to bifurcate the trial to address post-termination issues separately from all other issues. The Workers' Compensation Appeals Board denied the defendant's petition for removal. The Board found the defendant failed to demonstrate the required significant prejudice or irreparable harm necessary for removal, and the potential costs of discovery do not constitute irreparable harm.

Workers' Compensation Appeals BoardPetition for RemovalIndustrial InjuryAOE/COEBifurcatePost-termination issueIrreparable harmDiscoveryQualified Medical EvaluatorJudicial discretion
References
Case No. POM 0280813
Regular
Oct 09, 2007

MANUEL SALAZAR vs. U.S. WAREHOUSE TECHNOLOGY, STATE COMPENSATION INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) rescinded its previous order granting reconsideration and dismissed Emily Medina's petition. The WCAB found that Ms. Medina, an office manager for the lien claimant Vineyard Injury Center, lacked legal standing to file the petition as she was neither the legal representative nor an aggrieved party. Vineyard Injury Center had been represented by counsel throughout the proceedings regarding its lien claim.

Workers' Compensation Appeals BoardLien claimantReconsiderationFindings and OrderOfficial Medical Fee ScheduleAggrieved partyLegal standingPetition for reconsiderationHearing representativeLabor Code
References
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